LexAVIRAL BHATLA versus BHAWNA BHATLA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2009] 2 S.C.R. 771
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AVIRAL BHATLA
A
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v.
BHAWNA BHATLA
Transfer Petition (Crl.) No. 431 of 2008
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FEBRUARY 18, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY,
JJ.]
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Transfer Petitions - Matrimonial Dispute - Settlement
between parties - Transfer Petitions disposed of
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CRIMINAL ORIGINAL JURISDICTION: Transfer Petition
(Crl.) No. 431 of 2008
WITH
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T.P. (C) No. 1052 of 2008
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Ajai Bhalla, Abhinav Jain, Shefali Jain, K.D. Prasad, Abha
R. Sharma, for the Appellant.
Pinky Anand, Geeta Luthra, D.N. Goburdhan, Jatin, for the
Respondent.
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The order of the Court was delivered by
qR. ARIJIT PASAYAT, J.
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1. These transfer petitions have been filed by A viral Bhatia
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(hereinafter referred to as the 'husband') seeking transfer of F
several cases pending before learned Chief Judge, Family
Court, Gwalior, in proceedings under Section 9 of the Hindu
Marriage Act, 1955 (in short the 'Act') and Section 125 of the
Code of Criminal Procedure, 1973 (in short the 'Code'). The
parties were married on 20.1.2006 at Surajkund, Haryana. It G
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appears that there were some irreconcilable differences
between the parties and despite concerted and serious efforts
the parties were not able to resolve their disputes and were
living separately since 10.10.2007. It appears that after the
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SUPREME COURT REPORTS
[2009] 2 S.C.R.
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transfer petitions were filed before this Court, learned counsel
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for the parties made efforts to bring about a comprehensive
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settlement of the disputes relating to the matrimonial discord.
The Mediation Centre of the Delhi High Court also played a
vital role in arriving at a settlement. The details of the litigations
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between the parties are as follows:
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(i)
The petitioner has filed a case/petition under Section
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13(1 )(ia) read with Section (iii) of the Hindu Marriage Act,
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1955 titled A viral Bhatia v. Bhawna Bhatia bearing case
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No.48/07 which is pending in the court of Mr. Ashok
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Bhardwaj, ASG Gurgaon, Haryana.
(ii) Respondent has filed a case under The Protection of
Women from Domestic Violence Act, 2005 being complaint
case no. 3086/1/2007 dated 03.11.07, under section 12
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of the Domestic Violence Act, which is pending in the
court of Ms. Veena Rani Metropolitan Magistrate at Patiala
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House, New Delhi.
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(iii) Respondent has filed a petition for restitution of conjugal
rights under section 9 of the Hindu Marriage Act, 1955 in
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Gwalior bearing No. 501 (a)/07 against the Petitioner
pending before Ms. Saroj Maheshwari Jain, Chief Judge,
Family Court, Gwalior. The said proceedings have been
stayed by this Hon'ble Court in the.Transfer Petition No.
1052/2008.
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(iv) Respondent has filed a petition u/s 125 Criminal
Procedure Code, 1973 being case No.435 of 2007 titled
as Bhavna Bhatia v. Aviral Bhatia, pending before Ms.
Saroj Maheshwari Jain, Chief Judge, Family Court,
Gwalior(MP). The Petitioner has filed a transfer petition
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for the transfer of this matter bearing Transfer Petition No.
431/2008 and such proceeding has been stayed by this
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Court in the Transfer Petition No. 431/2008.
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(v) Respondent has filed an FIR bearing No. 68/2007 dated
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26.11.2007, against Petitioner and his family members
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AVIRAL BHATLA V. SHAWNA BHATLA
773
[DR ARIJIT PASAYAT, J.]
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under Section 406 r/w 34 and 498A of the IPC read with A
section 4 of Dowry Prohibition Act which is pending
investigation in Mahila Police Station Padav, Gwalior.
(vi) That petitioner's father has filed a case bearing Case
No. 18664/1/08 titled as MK Bhatia V Chitvan Sharma
& ors. u/s 420, 465 468, 471and1208 pending before the
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Court of Mr. Sudesh Kumar MM Patiala House, New Delhi.
(vii) The Petitioner has filed two Transfer Petitions bearing
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TP(C) no. 1052 of 2008 and TP (Cr1) No.431 of 2008
before this Court inter alia praying transfer of the petition c
u/s 9 of the Hindu Marriage Act, 1955 filed by the
Respondent pending before the Chief Judge, Family Court
at Gwalior and transfer of proceedings under section 125
Criminal Procedure Code, 1973 filed by Respondent
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pending before the Chief Judge, Family Court e_t Gwalior D
(MP).
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The agreed terms of settlement are as follows:
"That the Petitioner agrees and undertakes that he shall
pay an amount of Rs.12 lacs (Rupees Twelve Lacs) to E
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